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Statute of Repose on Multi-Building Project Applies to Each Building When Completed

The Massachusetts Supreme Judicial Court has held that the statute of repose on a multi-building, multi-phase project commences on a building by building basis. Thus, a condominium association filing suit after completion of 28 buildings has been tol… Read More
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Overstated Lien is Void; Contractor Thus Liable to Owner for Damages

The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor… Read More
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Arbitrator Did Not Exceed His Authority, as Party Submitted the Issue to Him

One of the very few grounds to vacate an arbitration award is if the arbitrator exceeded his/her authority under the arbitration clause or pertinent contract. The First Circuit Court of Appeal has reminded one party, though: if you submit the issue t… Read More
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Contract Clauses Limiting Damages

The NH Supreme Court has enforced contract clauses waiving consequential damages and limiting liability. It has also noted that tort claims asserted when the underlying transaction was based on a contract will be barred by the economic loss doctrine.… Read More
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Does the Court or Arbitrator Determine Arbitrability? Once Again . . .

Calling this a “mind-bending” question that is “the queen of all threshold issues,” the Third Circuit Court of Appeal has held that this question is for the courts to decide, “unless the parties have clearly and unmistakably referred those… Read More
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The Illusion of Coverage Under a Builder’s Risk Policy

The policy didn’t exactly say “all damages are covered unless caused by a peril that is excluded” and “all damages are excluded unless caused by a peril that is covered ” But that description isn’t very far off. And a contractor’s actio… Read More
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Separation of Insured Clause Strikes Again to Deny Coverage

A very recent blog discussed the effect of a separation of insured clause, on the scope of general liability coverage for an additional insured, when a personal injury claim is pursued by an injured worker. A federal court judge has just reached the… Read More
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Limitation on Pursuit of Prevailing Wage Law Claims

Workers for a waste disposal company with municipal contracts were not paid prevailing wages, as required by the Massachusetts prevailing wage act. They filed suit for those claims under both the prevailing wage act (PWA) and the Massachusetts wage a… Read More
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A Condition Precedent is a Condition Precedent

Owner and contractor modified the A201 General Conditions to state that a decision by the Initial Decision Maker (presumably the architect) is a condition precedent to arbitration. When the contractor pursued arbitration against the owner for $919,85… Read More
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Sloppy Drafting Needlessly Extends Litigation

A crane operator was tragically killed when a beam being hoisted by the crane crashed onto the top of the cab. The beam fell because the sling selected for the load was inadequate. The sling had been selected by workers for the steel erection company… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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